J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency for Romanian Client in Phoenix Arizona

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Romania

LOCATION: Arizona

Our client is a Romanian national who came to the U.S. on a J-2 Visa.  She came with her husband who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas such as H, L, and O visas. (Our firm’s blog will explain this two-year residency requirement for J-1 visa holder and possible waiver application process later with further details).  Moreover, if you are subject to the two-year foreign residency requirement, you are not allowed to change some non-immigrant status in the United States.

Unfortunately, her marriage did not work out well after my client and her ex-husband came to the United States.  Eventually, she got divorced from her ex-husband and later married a U.S. citizen husband.  Her new husband petitioned I-130 and I-485 (green card process based on marriage) on behalf of our client, but her green card application was denied due to her failure to fulfill the two-year foreign residency requirement.  As mentioned above, an immigrant beneficiary who is subject to 2-year requirement cannot get his/her green card even if he/she marries a U.S. citizen until he/she fulfills the requirement or gets a waiver.

Once client’s green card application was denied, she contacted our firm and retained us. Our firm was retained to do this J-2 waiver on October 4, 2010. On October 11, 2010 the J-2 Waiver was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  On October 26, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Eventually, on November 22, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement. She obtained her waiver within 40 days!  Our client can apply for her green card without having to go back to Romania and be separated from her husband for two years.

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Tagged as: Arizona, Phoenix, Romania